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What Happens to a Lasting Power of Attorney When You Die

What Happens to a Lasting Power of Attorney When You Die

What Happens to a Lasting Power of Attorney When You Die is a common question when people are planning for the future. A Lasting Power of Attorney is designed to protect you during your lifetime, but its role changes completely when you pass away. Understanding what happens next helps ensure your affairs are managed smoothly and legally.

Does a Lasting Power of Attorney end when you die?

Yes, a Lasting Power of Attorney automatically ends when the donor dies. The donor is the person who made the LPA. From the moment of death, attorneys no longer have any legal authority to make decisions, access bank accounts, or manage property on behalf of the donor.

This applies to both types of LPA: Property and Financial Affairs, and Health and Welfare. Once death occurs, the document is no longer valid and cannot be used for any purpose.

What happens to your finances after death?

After death, responsibility for managing money and property passes to the executors named in your Will. If there is no Will, administrators are appointed under the rules of intestacy. Executors or administrators handle tasks such as closing accounts, paying debts and distributing assets to beneficiaries.

Banks and financial institutions will freeze sole accounts once they are notified of the death. Joint accounts may continue for the surviving account holder, but the share belonging to the deceased still forms part of the estate.

Who makes decisions about your estate?

Executors or administrators take over decision making for the estate. They have legal authority granted through probate or letters of administration, not through the LPA. Their role is to follow the instructions in the Will or the intestacy rules, rather than personal preferences.

This is why a Will and a Lasting Power of Attorney work together. An LPA protects you during your lifetime, while a Will directs what happens after death.

What should attorneys do when the donor dies?

Attorneys should stop using the LPA immediately and inform organisations that were relying on it. This may include banks, care providers, and utility companies. They should also return or destroy certified copies of the LPA to prevent misuse.

If the attorney is also an executor, their role changes, but the legal authority comes from the Will, not the LPA.

What happens if there is no Will?

If you die without a Will, your estate is distributed according to UK intestacy rules. These rules prioritise spouses, civil partners, and close family members, but they may not reflect your wishes. This can cause delays and disputes, especially for unmarried partners or blended families.

Having both a Will and an LPA ensures your wishes are respected both during your lifetime and after your death.

Why is it important to plan for both stages?

A Lasting Power of Attorney protects you if you lose mental capacity, while a Will protects your legacy after death. Together, they create a complete plan that reduces stress for loved ones and avoids unnecessary legal complications.

Setting up these documents in advance using a service like Power of Attorney Online gives you control, clarity, and peace of mind, knowing that the right people can act at the right time.

What our clients say

Stuart G

Emsworth

I always thought LPAs were just for older people, but a friend's accident made me realise it could happen to anyone. Now, I know my loved ones can act on my behalf if needed.
Sameera E

Guildford

My mum trusted me to be her attorney, and when her health declined, I was able to handle everything smoothly — without legal red tape or court delays.
Mike A

Leicester

I didn't write anything for my Preferences & Instructions. I figured the law already has safeguards in place, and my attorneys will have enough guidance to act in my best interests
Claire S

Chelmsford

Figuring out who would be my certificate provider was the last part of the form I sorted. I didn't realise how important that person would be until I read more about their role.
Helen B

East Molesey

A friend had their LPA rejected due to an error, so I made sure mine was checked by the experts at PowerofAttorneyOnline.co.uk - best decision I made!
David

Knockholt

Great value and a very efficient service. I’d recommend everyone to get a POA, for the sake of themselves and their loved ones.
Gary

Sunderland

We are so relieved we have made this decision and our minds are at rest. Whatever happens, our wishes and estate will be dealt with as we would've wanted.
Karen

Chorley

Using Power of Attorney Online was much easier than I had thought and took no time at all to complete.
Celia

Tiverton

I considered the process to be economical both in time and money with minimum stress. I can now get on with my life!
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